Patrick Chauraya In Re for his appointment as guardian to a minor child P.M.C (HH 325 of 2020; REF JV BINDURA 8 of 2019) [2020] ZWHHC 325 (21 May 2020)

Patrick Chauraya In Re for his appointment as guardian to a minor child P.M.C (HH 325 of 2020; REF JV BINDURA 8 of 2019) [2020] ZWHHC 325 (21 May 2020)

The appointment of Patrick Chauraya as guardian was set aside due to procedural irregularities, fraudulent affidavits, lack of proper publication, and failure to conduct a proper inquiry as required by law.

Citation
[2020] ZWHHC 325
Parties
Applicant: Patrick Chauraya; Minor Child: Passion Mukudzeyi Chauraya; Subject (not Minor): Michelle Tinodiwanashe Chauraya
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 May 2020
Case Number
HH 325 of 2020 ; REF JV BINDURA 8 of 2019
Procedural Posture
Review of Guardianship Appointment / High Court Review Under S9(6) Guardianship of Minors Act
Outcome
appointment of guardian set aside
Legal Topics
Guardianship of Minors, Procedure for Appointment of Guardian, Fraudulent Affidavits, Publication Requirements, Court Inquiry Standards
Source Language
English
Family Law Child Law Guardianship of Minors Procedure for Appointment of Guardian Fraudulent Affidavits Publication Requirements Court Inquiry Standards

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Parties

Patrick Chauraya

Applicant

Passion Mukudzeyi Chauraya

Minor Child

Michelle Tinodiwanashe Chauraya

Subject (not Minor)

Procedural Posture

Review of Guardianship Appointment / High Court Review Under S9(6) Guardianship of Minors Act

Legal Issues

  1. 1 Whether the appointment of Patrick Chauraya as guardian complied with the Guardianship of Minors Act
  2. 2 Whether the affidavits and supporting documents were valid
  3. 3 Whether publication and inquiry requirements were met

Ratio Decidendi

The appointment of Patrick Chauraya as guardian was set aside due to procedural irregularities, fraudulent affidavits, lack of proper publication, and failure to conduct a proper inquiry as required by law.

Court Disposition

appointment of guardian set aside

Orders

  • The decision of the Children’s Court sitting at Bindura in case number JV 08/19 appointing Patrick Chauraya as guardian of Passion Mukudzeyi Chauraya is set aside.
  • Registrar directed to bring this order to the attention of the Embassy of the United Kingdom in Zimbabwe.